Court of Appeals of New Mexico
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Rule Set 12 - Rules of Appellate Procedure - cited by 9,504 documents
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STATE V. RUIZ
This memorandum opinion was not selected for publication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. Please also note that this electronic memorandum opinion may contain computer-generated errors or other deviations from the official paper version filed by the Court of Appeals and does not include the filing date.
STATE OF NEW MEXICO,
Plaintiff-Appellee,
v.
CODY RUIZ,
Defendant-Appellant.
No. 35,700
COURT OF APPEALS OF NEW MEXICO
March 20, 2017
APPEAL FROM THE DISTRICT COURT OF LEA COUNTY, Mark T.
Sanchez, District Judge
COUNSEL
Hector H. Balderas, Attorney General, Santa Fe, NM, for Appellee
Templeman and Crutchfield, C. Barry Crutchfield, Lovington, NM, for Appellant
JUDGES
M. MONICA ZAMORA, Judge. WE CONCUR: JAMES J. WECHSLER, Judge, TIMOTHY L. GARCIA, Judge
MEMORANDUM OPINION
ZAMORA, Judge.
{1} Defendant Cody Ruiz appeals from his judgment and sentence, entered pursuant to a plea agreement, convicting him of two counts of homicide by vehicle. This Court proposed to reverse on the summary calendar. The State filed a pleading entitled “State’s Notice of Non-Filing a Memorandum in Opposition,” indicating its intent not to file a memorandum in opposition to this Court’s proposed disposition. Accordingly, for the reasons stated in the notice of proposed disposition, we reverse and remand to the district court for entry of an amended judgment and sentence removing the serious violent offenses designation.
{2} IT IS SO ORDERED.
M. MONICA ZAMORA, Judge
WE CONCUR:
JAMES J. WECHSLER, Judge
TIMOTHY L. GARCIA, Judge